Selectmen’s Meeting Minutes

December 15, 2003

The Board of Selectmen met this evening at the Easton Town Offices, Selectmen’s Office with Chairman Gerard Marsan presiding. Also in attendance were Jeffrey Tufts, John Haederle, Carla Goodwin, Colleen Corona and Town Administrator Martha White. 6:45pm

On Tufts’ motion, seconded by Goodwin, the board voted unanimously by roll-call to go into Executive Session for the purpose of negotiations with respect to real estate, to return to Open Session.

Goodwin yes, Corona yes, Tufts yes, Haederle yes, Marsan yes.

The board reconvened open session at 7:55pm.

HUGS II Presentation of Funds to Recreation Department

Denise Papagno, Acting Chief Tom Kominsky, representatives of HUGS and members of the Recreation Department/Commission were present. Papagno explained the HUGS program and the fundraising efforts to support family violence programs for our youth. She specifically spoke of the current after school program held at the Junior High School. She noted that this program is now run by the Recreation Department and is now free of charge giving homework support and after school activities to the youth after school. Recreation Director Creig Muscato was presented a check in the amount of $5,450 for the program. Muscato spoke on behalf of Recreation and offered his great appreciation for the work and the dedication to the young people of the town. Muscato noted that there is transportation available for the after school program. Ann Daley was recognized for her efforts in running the after school program. Muscato also thanked the principal Mr. Giuggio for helping to make the program a success. Papagno spoke of the joint effort of everyone involved. The board further recognized all the effort involved.

Joint Meeting with Housing Authority – Interview to fill Vacancy

Housing Authority members Sandra Conant, Michael Malloy and June Brousseau were present. Chairperson Sandra Conant was asked to come forward and discuss the vacancy and the candidates.

Candidate Dennis Sheedy was present. Malloy stated that the current members were fully satisfied with the candidate Mr. Sheedy. Sheedy gave the board a presentation and noted his background with federally subsidized housing. Jane Brousseau noted the need to fill the vacancy.

The two boards voted unanimously by roll-call to appoint Dennis Sheedy to the Housing Authority noting that the appointment will expire in April 2004 at which time he may run for re-election for the term expiring 2007.

Conant- Sheedy, Malloy- Sheedy, Brousseau- Sheedy, Goodwin -Sheedy, Corona- Sheedy, Tufts- Sheedy, Haederle- Sheedy, Marsan- Sheedy.

Kathleen Brissette dba Tedeschi Food Shop #320 – Common Victualler

Applicant Kathleen Brisette was present. She explained that she took over the store last year which includes a deli service.

Marsan referred to the application noting the need to clarify hours on the original application.

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to approve the common victualler’s license as presented.

99 Restaurant – Change of Manager

Mr. Christopher Baron was present.

Marsan noted that the board received no adverse comments pertaining to the change of manager application.

On Tufts’ motion, seconded by Goodwin, the board voted unanimously to approve the change of manager from William Russell Sullivan to Christopher Baron (Restaurant All Alcohol License).

Public Participation

None

8:15 Water Commissioner Hearing Request – Ruth Greenfield Rone

On Goodwin’s motion, seconded by Tufts, the board voted unanimously by roll-call to take a recess from the Selectmen’s meeting and enter as Water Commissioners for the purpose of holding a requested hearing.

Goodwin yes, Corona yes, Tufts yes, Haederle yes, Marsan yes.

Ms. Ruth Greenfield Rone, Water Superintendent Jack Marsh and DPW Director Wayne Southworth were present. Marsan explained the process and her appeal intent.

Rone suggested that the town inadvertently took money from her taxes and applied it to her water bill.

Marsan noted that unpaid utilities become liens on properties.

Marsh gave background information and explained that in September of 2001, Ms. Rone’s meter was read. It was discovered that her bill was higher than usual and a letter was sent. In October of 2001, Rone called to schedule an inspection. The Water Department inspected the residence and they found no leaks. Rone then notified the Water Division that she found the leak in toilet within the lower level of the home and noted that there was no need to check further. At that point, Rone then shut the toilet off. Further meetings took place and she asked if she could be credited in any way for the water usage. Marsh then explained that they could not abate any portion of the bill. After several conversations leading to no resolve, the matter was turned over to the DPW Director. Southworth noted his letter to former Town Administrator Kevin Paicos back in 2002. Southworth noted that it is common to get complaints with high water bills, etc. Most often it is the case that it is a leaky toilet resulting in excessive water usage. Southworth referred to the devices used in detecting leaks and further suggested that it is the responsibility of the homeowners to pay their bills. Rone noted that she received the bill for approximately $559.40. She referred back to prior water bills. Mr. Philip Hudson was present and came in to look at the toilet and reported on what he found. Hudson found a very minor leak. The flapper was deteriorated causing a small trickle of water. He used food coloring to determine if there was a leak. The flapper was replaced. Hudson estimated the loss of water between 1-5 gallons per day and did not feel that she could have used the large amount of water as indicated on the bill. Hudson suggested that the meter could have skipped and may be inaccurate. Tufts asked if the meter was changed. Marsh noted that the meter was not changed and since the leak was fixed the water use has diminished to normal levels. Tufts asked Hudson how he determined the loss of water to be between 1-5 gallons per day. Haederle asked about the average bill. Marsh noted that the Rone’s bill dropped right off substantially after the leak was repaired. Rone questioned the notification that was referred to. Marsh referred to the letter sent to her dated September 2001. Rone still questioned the cause of the increase in water usage as indicated on the bill. Marsan summarized that Rone and Hudson do not disagree that there was a leak and after fixing the leak, the bills went down to the appropriate amount. At this point, Hudson questioned again if the meter was changed in any way. Marsan reiterated that the Water Department did not change anything on the meter and further that Rone and Hudson acknowledged that the bill was reduced after the toilet was fixed. Marsh explained how the computer flags a proposed problem. When a problem is flagged, they re-check the readings to see if they were accurate. It was noted that since the high bill, there have been 5 additional billing cycles. Rone again stated that she did not get the letter. Goodwin noted that the original letter was in 2001 and in 2003 she was notified by the tax office of the lien. She noted the significant amount of time passing. Goodwin also noted that it is the responsibility of the owner to pay the bill. The Mass General Law was discussed explaining how unpaid bills cause liens on properties. Rone again feels that the meter reading was incorrect. Marsan noted that the meter was checked and not in need of repair. He noted the gap in time from billing cycles and reiterated that outstanding bills accrue interest. Marsan spoke of his own personal experience relating to a water leak and the importance of the homeowner’s obligation to pay the bill. Rone spoke of the financial difficulty with respect to paying the bill. Marsan noted that an arrangement could have been made with the Tax Collector. Marsan noted that other citizens have experienced similar situations and acknowledged that the situation is unfortunate. Tufts spoke of a past water leak experience on a town cemetery and it was ruled that the responsibility was for the owner to take care of the service.

Haederle motioned to affirm the Water Superintendent’s decision regarding the outstanding bill with the possibility of Rone working out a payment plan with the Collector/Treasurer. White stated that once it gets to the Collector, it is a lien and out of the Water Department’s hands. Tufts seconded the motion.

Hudson again asked the process of checking meters and if it is an independent company that does the testing. Marsh noted that the town has its own test bench and in some cases an outside contractor can test the meters at the owner’s expense, unless the meter was found to be faulty. Marsh indicated that in his experience of over 20 years, he has not seen a meter test higher than the actual consumption

The board voted unanimously on the motion.

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to convene back in as Selectmen into Open Session. (8:55pm)

Snow Update Report

DPW Director Wayne Southworth was present and explained the attached report relative to the recent storm. He spoke of the beginning of the sanding/snow removal operation. Southworth noted that the cost of this storm is greater than ½ the entire FY’04 budget for snow removal. He noted many trucks became disabled because of the weight of the snow. He spoke of the numerous complaints from citizens. Southworth commended the employees and the hours they worked. Specifically Highway Foreman Jim Luke was commended for his efforts. He noted that Boston and Brockton also received lots of calls regarding the storm. He again noted the information from the National Weather Bureau and the band of snow that came through Easton. He referred to the map of the town, showing the sanding operation route. He specifically noted the most recent 5 inch storm which took 8-10 hours to clean up. He thanked the hired equipment for their help. Southworth again noted that this was not an average storm and the public may not have understood that. He noted several issues, some relating to medical needs and the fact that we didn’t have enough big equipment to break through the snow. Goodwin commended Southworth and the DPW. She asked for an explanation as to why the plows are not out immediately when the snow begins. Southworth noted that the equipment was out there right away and then there was a lull. The snow then came down very heavy. To plow one route, it takes 4 hours. The main roads must be cleaned first. The cul-de-sacs are secondary. He again noted that it snowed from Friday night to Sunday night. People expected the roads cleaned by Monday morning. Southworth agreed that we need more people and equipment and suggested that the complaints were not unique to Easton. He referred to other towns and noted the difference in water content in Easton compared to other communities. He noted that after plowing, sanding is done and then catch basins are cleaned. He noted that each of the 33 employees contributed to the clean up. He noted the difficulty attracting hired equipment and other towns are offering bonuses. Southworth is working on getting larger hired equipment for future storms. Tufts noted that he plows for the state and has a larger truck. He referred to the storm (Saturday) and noted the poor visibility and driving conditions on the major highways. Tufts explained how the state cleans their routes and the amount of trucks used for each route. Southworth commented that the number of vehicles the state has to maintain only one roadway is most likely more than what the Town of Easton has in total.

Mr. Chuck King of 41 Kennedy Circle asked about the maps and the operation. Southworth explained the sanding operation, starting with the main routes assisting to getting to the hospital for emergencies, then secondary roads are done and lastly the subdivisions. King feels that the sand was very slow in coming this year. Southworth explained that the trucks used for sanding were still plowing and therefore couldn’t be used for sand at that time. In a normal storm you sand first, plow then sand again. This was not a normal storm. The resources are just not there to do what needs to be done and the DPW is in desperate times now. Southworth will be doing a survey with other communities with hopes that they can pick up some other help. Southworth felt that there are greater opportunities for the plow drivers to work in the private sector and make more money than working for a town. Marsan commended the DPW and felt that the presentation has been very informative. This was an extraordinary storm needing extraordinary equipment. Southworth again noted that he is proud of the staff and how they worked as a team.

Minutes

On Goodwin’s motion, seconded by Tufts, the board voted 4-0-1 to approve General Minutes Dated 10/20/03 as amended. Corona abstained.

On Goodwin’s motion, seconded by Tufts, the board voted 4-0-1 to approve General Minutes Dated 10/30/03. Corona abstained.

On Goodwin’s motion, seconded by Haederle, the board voted 4-0-1 to approve Executive Session Minutes Dated 7/22/02, 1/6/03, 2/10/03, 2/24/03, and 3/10/03. Corona abstained.

On Goodwin’s motion, seconded by Tufts, the board voted 4-0-1 to approve Executive Session Minutes Dated 11/3/03. Corona abstained.

Peri’s Restaurant – Annual Entertainment/Electronic Games Application

On Goodwin’s motion, seconded by Tufts, the board voted unanimously to approve the annual entertainment and two electronic games as submitted.

Tufts noted that Peri’s is a family oriented restaurant, now serving dinners. Tufts wished Peri’s well with their new endeavor.

One Day Entertainment Request – Spoleto’s Restaurant

On Goodwin’s motion, seconded by Tufts, the board voted unanimously to approve the extension of hours to 2am and one day entertainment request as requested for 12/31/03.

Annual License Renewals

Tufts read the list of proposed licenses for renewal. See attached.

On Tufts’ motion, seconded by Haederle, the board voted unanimously to approve the alcohol and common victualler licenses as submitted.

Tufts read the list of Class I & II licenses. On Goodwin’s motion, seconded by Corona, the board voted 4-0-1 to approve the list as submitted. Tufts abstained.

Tufts read the list of Annual/Sunday Entertainment and miscellaneous licenses.

On Tufts’ motion, seconded by Corona, the board voted unanimously to approve the list as submitted.

Update on 5 Corners Improvement Project

White updated the board on the project. She noted that most of the commercial properties will need to make improvements, helping with the reconstruction and traffic improvements. This will be in the best interest of the town in conforming to the master plan. A meeting has been held. After the meeting it was then decided that a town conceptual plan will have to be developed. The stretch of roadway for proposed reconstruction is from the 5 corners area to 123/106 split. Rt. 123 heading toward Norton is under a construction plan already. Signalization improvements will be made. Shaws Supermarkets agreed to give funds to help with this effort to develop a plan for the signal upgrade. $70,000 was committed. We will not see al the money right away but they will convey at least enough to develop the master plan. She again noted the terrific effort with this project. Other site representatives have contacted White with their interest in helping with the area. White feels this is a very good proactive effort. White will continue to keep the board updated on the project. Tufts also noted that there are other businesses that may want to come forward. Tufts noted that if improvements are made, we should be sure that the traffic light at the five corners allows immediate access for fire vehicles to accommodate the nearby fire station. White noted that this will be considered. Goodwin complimented White on the idea. White. White indicated that the concept is something that she and the DPW Director brainstormed the idea together. White reinforced the developer’s contribution as a way to help to get things done.

Ambulance Bill Abatement Request

On Goodwin’s motion, seconded by Tufts, the board voted unanimously to abate the three bills in the amount of $13.77 as submitted by the Fire Chief.

Gifts of Land – Conservation Commission (3)

White noted two gifts are a result of an approved subdivision. Tufts asked if we are losing tax revenues lost by accepting these gifts. White indicated yes, if deeded to the town, we will lose the revenues.

Marsan agreed that there are some issues. We may take on liability if we take on a retention pond whereas a common area may be maintained by an association. The Board asked questions relating to the proposed gifts. White noted the process that the Conservation Commission must accept the land and the board approves the gift.

Fox Hill, an Adult Retirement Development – Parcel B and Open Space “F

On Goodwin’s motion, seconded by Corona, the board voted unanimously pursuant to the provisions of Section 8C of Chapter 40 of the Massachusetts General Laws, do hereby approve the within conveyance shown as Open Space Parcel B and Open Space Parcel F on a plan entitled, “Fox Hill An Adult Retirement Development in Easton, Massachusetts – Sheets 1 thru 6”, dated May 1, 2001 prepared for Fox Hill Realty Trust, prepared by Gallagher Engineering from Charles M. Mirrione, Trustee of Fox Hill Realty Trust to the Town of Easton Conservation Commission.

288 Depot Street – U38-62

On Marsan’s motion, seconded by Goodwin, the board voted unanimously pursuant to the provisions of Section 8C of chapter 40 of the Massachusetts General Laws, do hereby approve the within conveyance property identified on the Town of Easton Assessors Map as Map U38-62 to the Town of Easton Conservation Commission.

Dorchester Brook Estates – Parcel B

On Goodwin’s motion, seconded by Tufts, the board voted unanimously pursuant to the provisions of Section 8C of Chapter 40 of the Massachusetts General Laws, do hereby approve the within conveyance shown as Parcel B on a plan entitled, “Definitive Subdivision Plan of Dorchester Brook Estates”, dated May 23, 2001, prepared for Marshall Realty Trust by E.T. Engineering Ent., Inc., recorded with Bristol County Northern District Registry of Deeds in Plan Book 409 at Pages 9-20 and amended by a plan entitled “Definitive Subdivision Plan Modification of Special Permit No. 01-12 Dorchester Brook Estates Open Space Residential Development in Easton, MA”, dated March 2, 2003, Owner and Applicant Marshall Realty Trust, Prepared by E.T. Engineering, Inc., and recorded with Bristol County Northern District Registry of Deeds in Plan Book 420 at Pages 38-47 from Richard Costa, Trustee of Marshall Realty Trust to the Town of Easton Conservation Commission.

Recreation Commission Resignation – Michael Carey

The Board acknowledged Carey’s resignation.

On Tufts’ motion, seconded by Haederle, the board voted unanimously to accept the resignation with regret and to issue a certificate of appreciation. Haederle noted Carey’s significant contribution to the Easton Youth Soccer League also.

Town Administrator’s Notes

None

Press Notes

None

Selectmen’s Notes

Marsan welcomed new member Colleen Corona on her achievement on a successful election. He thanked the other candidates for coming forward also.

Goodwin reminded the board that the MMA conference is coming up and the registration deadline is this week. She indicated that the board needs to delegate an official voter as the Selectmen’s Association delegate. Tufts noted that does not require board action, just notification to MMA after a decision is made. A designation will be decided.

Tufts wished everyone happy holidays as this is the last meeting before the holidays.

On Goodwin’s motion, seconded by Haederle, the board voted unanimously to adjourn at 10:10pm.

Respectfully submitted,

Mary McCarthy

_____________________________

Approved

_____________________________

Date